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Harvard Law Professor David A. Hoffman Explains the Uniform Collaborative Law Act

Video: Harvard Law Professor Explains Uniform Collaborative Law Act

Last year, Florida Governor Rick Scott signed into law the Collaborative Law Process Act.  There are still some steps that need to be taken for the law to go into effect (namely, the Florida Supreme Court will need to establish rules of procedure and rules of professional conduct).  However, the collaborative community celebrated this milestone after a seven year effort by family law attorneys, mental health professionals, and financial professionals.

Uniform Collaborative Law Act

Florida’s Collaborative Law Process Act is based on the Uniform Collaborative Law Act (“UCLA”).  The UCLA is proposed legislation drafted by the National Conference of Commissioners on Uniform State Laws.  The Uniform Law Commission, as it is more commonly known, creates proposed legislation that it hopes states will adopt to bring consistency and clarity to different areas of the law.

Back in 2010, the American Bar Association House of Delegates was considering whether to support the UCLA.  In the video below made in 2009, Harvard Law Professor David A. Hoffman explains the UCLA.  He also advocates for the American Bar Association to support the UCLA.

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Proposed Collaborative Divorce Professional Conduct Rule Published in Florida Bar News

In March of 2016, Florida Governor Rick Scott signed into law the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects communications within the collaborative process so that participants can be more open in their discussions and can rest assured that proposals and comments made while trying to reach agreement cannot later be used against them.

However, the CLPA does not go into effect until after the Florida Supreme Court adopts Rules of Professional Conduct and Rules of Procedure.

Proposed rules have been approved by the Florida Board of Governors, and they have been published in the August 15, 2016 edition of the Florida Bar News for comment.  Once the comment period is over, the Florida Supreme Court will determine whether it will approve the rules.

You can find the proposed Rule of Professional Conduct (4-1.19) after the jump (the proposed Rule of Procedure is published in a separate post):

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Proposed Collaborative Law Procedural Rule Published in Florida Bar News

In March of 2016, Florida Governor Rick Scott signed into law the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects communications within the collaborative process so that participants can be more open in their discussions and can rest assured that proposals and comments made while trying to reach agreement cannot later be used against them.

However, the CLPA does not go into effect until after the Florida Supreme Court adopts Rules of Professional Conduct and Rules of Procedure.

Proposed rules have been approved by the Florida Board of Governors, and they have been published in the August 15, 2016 edition of the Florida Bar News for comment.  Once the comment period is over, the Florida Supreme Court will determine whether it will approve the rules.

You can find the proposed Family Law Rule of Procedure (12.475) after the jump (the Rule of Conduct is published in a separate post):

Read more